[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7429-7430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4434]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 960220037-6037-01; I.D. 112895B]
RIN 0648-XX45


Taking and Importing of Marine Mammals; Consolidation of 
Regulations; Removal of Expired General Permit Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues this technical amendment to remove outdated 
regulations governing the issuance of general permits. This technical 
amendment is intended to provide uniform, updated, and streamlined 
regulations. This action is consistent with the President's Regulatory 
Reform Initiative.

EFFECTIVE DATE: This rule is effective February 28, 1996.

FOR FURTHER INFORMATION CONTACT:
Wanda L. Cain, Fishery Biologist; telephone: 301-713-2055, or fax: 301-
713-0376.

SUPPLEMENTARY INFORMATION: On August 30, 1995 (60 FR 45086), NMFS 
published a final rule implementing the new management regime for the 
taking of marine mammals incidental to commercial fishing operations 
established by section 118 of the Marine Mammal Protection Act (MMPA). 
The provisions of 50 CFR part 229, rather than 50 CFR Sec. 216.24, 
govern the incidental taking of marine mammals in the course of 
commercial fishing operations by persons using vessels of the United 
States, other than vessels used in the eastern tropical Pacific Ocean 
yellowfin tuna purse seine fishery. Because the only general permit for 
U.S. vessels operating in the yellowfin tuna purse seine fishery in the 
eastern tropical Pacific Ocean is that issued to the American Tunaboat 
Association (ATA), NMFS is removing other general permit requirements 
from 50 CFR Sec. 216.24. In addition, a correction is made to the 
Harmonized Tariff Schedule Item Numbers found at 
Sec. 216.24(e)(2)(i)(A). A definition for the Regional Director, 
Southwest Region, NMFS, is added to Sec. 216.3. In the reporting 
requirements for ATA certificate holders, NMFS is removing the obsolete 
requirement that masters of certificated vessels allow observers to 
make coded radio reports to NMFS. Finally, minor editorial corrections 
are made.

Classification

    This final rule is exempt from review under E.O. 12866. Because 
this rule only makes technical amendments, the Assistant Administrator 
for Fisheries, NOAA, under section 553(b)(B) and (d) of the 
Administrative Procedure Act, for good cause finds that it is 
unnecessary to provide prior notice and opportunity for public comment 
on this rule or to delay for 30 days its effective date. Because this 
rule is being issued without prior notice and opportunity for public 
comment, a regulatory flexibility analysis is not required under the 
Regulatory Flexibility Act, and none has been prepared.
    This action is categorically excluded from the requirement to 
prepare an environmental assessment by section 6.02b.3(b)(ii)(aa) of 
NOAA Administrative Order 216-6 as revised.

List of Subjects in 50 CFR Part 216

    Administrative practice and procedure, Imports, Indians, Marine 
mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

    Dated: February 21, 1996.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 216 is amended 
as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS
    1. The authority citation for part 216 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

Sec. 216.3  [Amended]

    2. In Sec. 216.3, a definition for ``Regional Director'' is added 
in alphabetical order to read as follows:
* * * * *
    Regional Director means the Director, Southwest Region, NMFS, 501 
W. Ocean Blvd., Long Beach, CA 90802, or his/her designee.
* * * * *
    3. In Sec. 216.24, paragraphs (b), (d)(l), (d)(2)(i)(A)(l) through 
(d)(2)(i)(A)(2), (d)(2)(iii)(B), and (e)(7) are removed and reserved, 
and paragraphs (c), (d)(2)(ii)(C), (d)(2)(iii)(A), the second sentence 
of paragraph (d)(2)(v)(B), (e)(2)(i)(A), and (e)(5)(v)(B) are revised 
to read as follows:
Sec. 216.24
  Taking and related acts incidental to commercial fishing operations.

* * * * *
    (c) Certificates of inclusion--(1) Vessel certificates of 
inclusion. The owner or managing owner of a vessel that participates in 
commercial fishing operations under the ATA permit must hold a valid 
vessel certificate of inclusion. Such certificates are not transferable 
and must be renewed annually. If a vessel certificate holder surrenders 
his/her certificate to the Regional Director, the certificate shall not 
be returned nor shall a new certificate be issued before the end of the 
calendar year. This provision does not apply when a change of vessel 
ownership occurs.
    (2) Operator's certificate of inclusion. The person in charge of 
and actually controlling fishing operations (hereinafter referred to as 
the operator) on a vessel engaged in commercial fishing operations 
under the ATA permit, must hold a valid operator's certificate of 
inclusion. Such certificates are not transferable, and must be renewed 
annually. In order to receive a certification of inclusion, the 
operator must have satisfactorily completed all required training.
    (3) A vessel certificate issued pursuant to paragraph (c)(1) of 
this 

[[Page 7430]]
section must be on board the vessel while it is engaged in fishing 
operations and the operator's certificate issued pursuant to paragraph 
(c)(2) of this section must be in the possession of the operator to 
whom it was issued. Certificates must be shown upon request to an 
enforcement agent or other National Marine Fisheries Service (NMFS) 
designated agent. Vessels and operators at sea on a fishing trip on the 
expiration date of their certificate of inclusion, to whom or to which 
a certificate of inclusion for the next year has been issued, may take 
marine mammals under the terms of the new certificate. A vessel owner 
or operator is obligated to obtain or place the new certificate on 
board, as appropriate, when the vessel next returns to port.
    (4) Applications. Owners or managing owners of purse seine vessels 
should make application for vessel certificates of inclusion to the 
Regional Director. Applications for vessel certificates of inclusion 
must contain:
    (i) The name of the vessel that is to appear on the certificate(s) 
of inclusion;
    (ii) The category of the general permit under which the applicant 
wishes to be included;
    (iii) The species of fish sought and general area of operations;
    (iv) The identity of state and local commercial fishing licenses, 
if applicable, under which vessel operations are conducted, and dates 
of expiration;
    (v) The name of the operator and date of training, if applicable; 
and
    (vi) The name and signature of the applicant, whether owner or 
managing owner, address, and if applicable, the organization acting on 
behalf of the vessel.
    (5) Fees. (i) Applications for certificates of inclusion under 
paragraph (c)(1) of this section must include a fee of $200.00 for each 
vessel named in the application, unless the applicant's income is below 
Federal poverty guidelines and the applicant shows in the application 
that his/her income is below such guidelines, in which case a fee of 
$20.00 must be included.
    (ii) The Assistant Administrator may change the amount of the fee 
required at any time a different fee is determined to be reasonable, 
and notification of such change shall be published in the Federal 
Register.
    (6) The Regional Director shall determine the adequacy and 
completeness of applications, and upon said determination that such 
applications are adequate and complete, shall approve such applications 
and issue the certificate(s).
    (7) Failure to comply with provisions of the ATA permit, 
certificates of inclusion, or these regulations may lead to suspension, 
revocation, modification, or denial of a certificate of inclusion. It 
may also subject the certificate holder, vessel, vessel owner, 
operator, or master to the penalties provided under the MMPA. 
Procedures governing permit sanctions and denials are found at subpart 
D of 15 CFR part 904.
    (8) By using an operator or vessel certificate of inclusion under 
the ATA permit, the certificate holder authorizes the release to NMFS 
of all data collected by observers aboard purse seine vessels during 
fishing trips under the Inter-American Tropical Tuna Commission 
observer program or any other international observer program in which 
the United States may participate. The certificate holder must furnish 
the international observer program all release forms required to 
provide the observer data to NMFS. Data obtained under such releases 
will be used for the same purposes as data collected directly by 
observers placed by the NMFS and will be subject to the same standards 
of confidentiality.
    (d) * * *
    (2) * * *
    (ii) * * *
    (C) The vessel certificate holder shall notify the Regional 
Director of any change of vessel operator within at least 48 hours 
prior to departing on the next scheduled trip.
    (iii) * * *
    (A) The vessel certificate holder of each certificated vessel, who 
has been notified via certified letter from NMFS that his/her vessel is 
required to carry an observer, shall notify the Regional Director at 
least 5 days in advance of the vessel's departure on a fishing voyage 
to allow for observer placement. After a fishing voyage is initiated, 
the vessel is obligated to carry an observer until the vessel returns 
to port and one of the following conditions is met:
* * * * *
    (v) * * *
    (B)* * * The vessel certificate holder shall notify the Regional 
Director of any net modification at least 5 days prior to departure of 
the vessel in order to determine whether a reinspection or trial set is 
required.
* * * * *
    (e) * * *
    (2) * * *
    (i) * * *
    (A) Tuna, frozen whole or in the round:
    0303.42.00.20.0 Tuna, yellowfin, whole frozen.
    0303.42.00.40.6 Tuna, yellowfin, eviscerated head-on, frozen.
    0303.42.00.60.1 Tuna, yellowfin, eviscerated head-off, frozen.
    0303.49.00.40.9 Tuna, non-specific, frozen.
* * * * *
    (5) * * *
    (v) * * *
    (B) The nation's regulatory program is comparable to the regulatory 
program of the United States as described in paragraphs (a), (c), 
(d)(2), and (f) of this section and the nation has incorporated into 
its regulatory program such additional prohibitions as the United 
States may apply to its own vessels within 180 days after the 
prohibition applies to U.S. vessels;
* * * * *
[FR Doc. 96-4434 Filed 2-27-96; 8:45 am]
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